Announcements
Have you sold crypto, shares or property? Our new capital gains tax guide has info about cost bases, calculations & more! Still got questions? Ask the Community!

ATO Community

Is it legal for employer to refuse paying super in the casual contract

Newbie

Views 619

Replies 2

Hi,

 

I've worked for my previous employer for a year in a casual position with temp partner visa.

I earn more than $450 a month from them and ATO's tool on Superannuation Eligibility says I'm eligible for it. However my employer refused to pay my super and even included "this offer does not include superannuation" in the contract. I want to know does this sentence in my contract affects my eligibility of getting my super back? What can I do in this situation to get my super from my previous employers?

 

Regards,

Suzy

 

1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

Champion

Replies 0

It doesn't matter whether you have a full time, part-time or casual job, if you're over 18 and you earn more than $450 (before tax) in a calendar month, your employer should pay super contributions for you.

2 REPLIES 2

Most helpful response

Champion

Replies 0

It doesn't matter whether you have a full time, part-time or casual job, if you're over 18 and you earn more than $450 (before tax) in a calendar month, your employer should pay super contributions for you.

Taxicorn Registered Tax Practitioner

Replies 0

employer refused to pay my super and even included "this offer does not include superannuation" in the contract. I want to know does this sentence in my contract affects my eligibility of getting my super back? 

 

No  -  employer cannot contract out of a statutory obligation  -  Law 101.

 

What can I do in this situation to get my super from my previous employers?

 

https://www.ato.gov.au/calculators-and-tools/report-unpaid-super-contributions-from-my-employer/